Township Council Meeting — Packet

shall control. § 25-29.2—Definitions: For this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2. 2

“CAFRA Centers, Cores or Nodes” means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16. “CAFRA Planning Map” means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS). “Category One Waters (C1)” means waters of the state designated in N.J.A.C. 7:9B1.15(c) through (h) for purposes of implementing the anti-degradation policies set forth at N.J.A.C. 7:9B-1.5(d) for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources(s). “Community basin” means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter. “Compaction” means the increase in soil bulk density that reduces the soil’s infiltration rate. “Contributory drainage area” means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself. “Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation. “Core forest” means any forest as defined below, that has some portion of at least 330 feet from the edges of the total forest area. “County review agency” means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be: 1. A county planning agency or 2. A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve,

nty review agency may either be: 1. A county planning agency or 2. A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances. “Department” means the Department of Environmental Protection. 3

“Designated Center” means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet. “Design engineer” means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications. “Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargeenlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. For purposes of this ordinance, “development” shall include any redevelopment of a parcel. In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq. “Disturbance” means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition. “Drainage area” means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody. “Environmentally constrained area” means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. “Environmentally critical area” means an area or feature which is of

ies are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. “Environmentally critical area” means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program. 4

“Empowerment Neighborhoods” means neighborhoods designated by the Urban Coordinating Council “in consultation and conjunction with” the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69. “Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity. “Forest” means a wooded area having an ecosystem typically consisting of a thick growth of trees and plants that has occurred through natural succession or reforestation, that exhibits or normally exhibits a contiguous tree canopy of greater than either 200 feet in width in any direction or one acre in area. The term “forest” shall include but not be limited to “core forest” as defined above. Deleted: means a stormwater management measure that manages stormwater close to its source by:… “Green infrastructure” A. Those processes of the land to manage and retain Stormwater. Stormwater management measures that manage stormwater close to its source by: 1. Treating stormwater runoff through infiltration into subsoil; 2. Treating stormwater runoff through filtration by vegetation or soil; or 3. Storing stormwater runoff for reuse. B. Examples of Green Infrastructure include but are not limited to rain gardens, green roofs, permeable pavement; bio infiltration basins, cisterns, or vegetated swales. “Groundwater” means a body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water. "“HUC 14" or "hydrologic unit code 14" means an area within which water drains to a particular receiving surface water body, also known as a sub watershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey. “Impaired water” means a surface water listed in the New Jersey Department of Environmental Protection Integrated Water Quality Assessment Report as failing to meet one or more designated uses or not meeting the standards set out in the Surface Water Quality Standards at N.J.A.C. 7:9B et seq. “Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surfaces include and are not limited to roofs, asphalt, concrete, some stone roads, parking lots, driveways, sidewalks, porous asphalt or porous asphalt, porous

nt to infiltration by water. Impervious surfaces include and are not limited to roofs, asphalt, concrete, some stone roads, parking lots, driveways, sidewalks, porous asphalt or porous asphalt, porous concrete systems, synthetic turf fields, pools, and patios. “Infiltration” is the process by which water seeps into the soil from precipitation. “Lead planning agency” means one or more public entities having stormwater management planning authority designated by the regional stormwater management 5

planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee. “Low impact development techniques” means Using strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, using native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics. “Maintenance plan” means a document required for the maintenance of stormwater management measures at all major and minor development projects. A Maintenance Plan shall contain a specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance including replacement. “Major development” means an individual “development,” including redevelopment, as well as multiple developments that individually or collectively result in: 1. The disturbance 0.5 acre of land since February 2, 2004; 2. The creation of 5,000 square feet or more of “regulated impervious surface” since February 2, 2004. 3. The creation of 5,000 square feet or more of “regulated motor vehicle surface” since March 2, 2021, or 4. A combination of 2 and 3 above that totals an area of 5,000 square feet or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more. Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of “major development,” but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered “major development.” “Minor development” means any development that results in a new dwelling and/or the construction of any site improvements that result in an

. 40:55D-1 et seq., are also considered “major development.” “Minor development” means any development that results in a new dwelling and/or the construction of any site improvements that result in an increase in impervious cover by 400 square feet that results in an increase of stormwater runoff but does not meet the definition of a major development. “Motor vehicle” means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all- 6 Deleted: of one or more Deleted: one-quarter acre Deleted: one-quarter acre Deleted: one-quarter acre

terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks. “Motor vehicle surface” means any pervious or impervious surface that is intended to be used by “motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways. “Municipality” means any city, borough, town, township, or village. “New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the practice and the Department’s determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 25-29.4f. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter. “Node” means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form. “Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms. “Nutrient load” means the total amount of a nutrient entering a surface or groundwater resource during a given time. Nutrients may enter the water resource from runoff, recharge, point source discharges, or the atmosphere in the form of wet and/or dry deposition. “Person” means any individual, corporation, company, partnership, firm, association, political subdivision of